Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Notices 26937 

soliciting comments concerning the 

following information collection: 

Title: Passenger List/Crew List. 

OMB Number: 1651–0103. 

Form Number: Form I–418. 

Abstract: CBP Form I–418 is 

prescribed by CBP, for use by masters, 

owners, or agents of vessels in 

complying with Sections 231 and 251 of 

the Immigration and Nationality Act 

(INA). This form is filled out upon 

arrival and departure of any person by 

commercial vessel at any port within 

the United States from any place outside 

the United States. The master or 

commanding officer of the vessel is 

responsible for providing CBP officers at 

the port of arrival and departure with 

lists or manifests of the persons on 

board such conveyances. CBP is 

currently working to allow for electronic 

submission of the information on CBP 

Form I–418. This form is provided for 

in 8 CFR 251.1, and 251.3. A copy of 

CBP Form I–418 can be found at http:// 

www.cbp.gov/sites/default/files/

documents/CBP%20Form%20I-418.pdf. 

Current Actions: This submission is 

being made to reinstate this previously 

approved information collection with a 

change to the burden hours resulting 

from updated estimates of the number of 

I–418s filed. There are no changes to the 

information collected or to Form I–418. 

Type of Review: Reinstatement (with 

change). 

Affected Public: Businesses. 

Estimated Number of Respondents: 

48,000. 

Estimated Time per Respondent: 1 

hour. 

Estimated Total Annual Hours: 

48,000. 

Dated: May 6, 2015. 

Tracey Denning, 

Agency Clearance Officer, U.S. Customs and 

Border Protection. 

[FR Doc. 2015–11335 Filed 5–8–15; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2015–0021] 

Privacy Act of 1974; Department of 

Homeland Security U.S. Customs and 

Border Protection-007 Border Crossing 

Information System of Records 

AGENCY: Privacy Office, Department of 

Homeland Security. 

ACTION: Notice of Privacy Act system of 

records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, the Department of 

Homeland Security proposes to update 

and reissue a current Department of 

Homeland Security system of records 

titled, ‘‘Department of Homeland 

Security/U.S. Customs and Border 

Protection-007 Border Crossing 

Information(BCI) System of Records.’’ 

This system of records allows U.S. 

Customs and Border Protection to 

collect and maintain records on border 

crossing information for all individuals 

who enter, are admitted or paroled into, 

and (when available) exit from the 

United States, regardless of method or 

conveyance. Border crossing 

information includes certain biographic 

and biometric information; photographs; 

certain mandatory or voluntary itinerary 

information provided by air, sea, bus, 

and rail carriers or any other forms of 

passenger transportation; and the time 

and location of the border crossing. 

This system of records notice was 

previously published in the Federal 

Register on May 28, 2013 (78 FR 31958). 

A Final Rule exempting portions of this 

system from certain provisions of the 

Privacy Act was published on February 

3, 2010, and remains in effect (75 FR 

5491). The Department of Homeland 

Security/U.S. Customs and Border 

Protection is updating the categories of 

records to include the capture of 

biometric information including digital 

fingerprints, photographs, and iris scans 

at the border as part of the Department’s 

ongoing effort to better reflect the 

categories of records in its collection of 

information. U.S. Customs and Border 

Protection also is updating the system of 

records notice to include the collection 

of records, including photographs of 

scars, marks, tattoos, and palm prints 

from individuals in connection with the 

biometric sharing between the 

Integrated Automated Fingerprint 

Identification System/Next Generation 

Identification of the Department of 

Justice/Federal Bureau of Investigation 

and the Department of Homeland 

Security Automated Biometric 

Identification System information 

technology platform. Finally, U.S. 

Customs and Border Protection is 

updating the categories of records 

collected from an associated Advance 

Passenger Information System 

transmission to accurately represent 

collection of personally identifiable 

information at the border. 

The Department of Homeland 

Security/U.S. Customs and Border 

Protection is updating this system of 

records notice to provide notice of the 

collection of biometric information from 

U.S. citizens and certain aliens upon 

arrival to, and departure from, the 

United States. 

The exemptions for the existing 

system of records notice published May 

28, 2013 (78 FR 31958) continue to 

apply for this updated system of records 

for those categories of records listed in 

the previous BCI System of Records 

Notice. However, U.S. Customs and 

Border Protection will issue an updated 

notice and Final Rule to address that 

certain records ingested from the 

Advance Passenger Information System 

(APIS) (see DHS/CBP–005 Advance 

Passenger Information System (APIS) 

SORN, 80 FR 13407 (March 13, 2015)) 

will continue to be covered by the 

exemptions claimed for those records in 

that system pursuant to 5 U.S.C. 

552a(j)(2) and 5 U.S.C. 552a(k)(2). The 

Department of Homeland Security will 

include this system in its inventory of 

record systems. 

DATES: This updated system will be 

effective upon the public display of this 

notice. Although this system is effective 

upon publication, DHS will accept and 

consider comments from the public and 

evaluate the need for any revisions to 

this notice. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2015–0021 by one of the following 

methods: 

• Federal e-Rulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–343–4010. 

• Mail: Karen L. Neuman, Chief 

Privacy Officer, Privacy Office, 

Department of Homeland Security, 

Washington, DC 20528. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. All 

comments received will be posted 

without change to http://

www.regulations.gov, including any 

personal information provided. 

Docket: For access to the docket to 

read background documents or 

comments received, please visit http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

general questions, please contact: John 

Connors (202) 344–1610, Privacy 

Officer, U.S. Customs and Border 

Protection, Privacy and Diversity Office, 

1300 Pennsylvania Avenue, 

Washington, DC 20229. For privacy 

questions, please contact: Karen L. 

Neuman, (202) 343–1717, Chief Privacy 

Officer, Privacy Office, Department of 

Homeland Security, Washington, DC 

20528. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In accordance with the Privacy Act of 

1974, 5 U.S.C. 552a, the Department of 


tkelley on DSK3SPTVN1PROD with NOTICES
26938 Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Notices 

Homeland Security (DHS), U.S. Customs 

and Border Protection (CBP) proposes to 

update and reissue a current DHS 

system of records titled, ‘‘DHS/CBP–007 

Border Crossing Information System of 

Records.’’ CBP is updating categories of 

records for this system of records notice 

(SORN) to better reflect the categories of 

records in the DHS/CBP Border Crossing 

Information system. 

CBP’s priority mission is to prevent 

terrorists and terrorist weapons from 

entering the country while facilitating 

legitimate travel and trade. To facilitate 

this mission, CBP maintains border 

crossing information about all 

individuals who enter, are admitted or 

paroled into, and (when available) exit 

from the United States regardless of 

method or conveyance. Border crossing 

information includes certain biographic 

and biometric information; photographs; 

certain mandatory or voluntary itinerary 

information provided by air, sea, bus, 

and rail carriers or any other forms of 

passenger transportation; and the time 

and location of the border crossing. 

Border crossing information resides on 

the TECS (not an acronym) information 

technology platform. DHS/CBP is 

updating this system of records to 

provide notice to the public about the 

update and expansion of the categories 

of records as part of DHS’s ongoing 

effort to better reflect the categories of 

records in its collection of information. 

DHS/CBP previously published this 

system of records notice in the Federal 

Register on May 28, 2013 (78 FR 31958). 

CBP is responsible for collecting and 

reviewing border crossing information 

from travelers entering and departing 

the United States as part of DHS/CBP’s 

overall border security and enforcement 

missions. All individuals crossing the 

border are subject to CBP processing 

upon arrival in the United States. Each 

traveler entering the United States is 

required to establish his or her identity, 

nationality, and admissibility, as 

applicable, to the satisfaction of a CBP 

officer during the clearance process. To 

manage this process, CBP creates a 

record of an individual’s admission or 

parole into the United States at a 

particular time and port of entry. CBP 

also collects information about U.S. 

citizens and certain aliens (in-scope 

travelers pursuant to 8 CFR 215.8, 

‘‘requirements for biometric identifiers 

from aliens on departure from the 

United States’’) upon departure from the 

United States for law enforcement 

purposes and to document their border 

crossing. 

DHS is statutorily mandated to create 

and integrate an automated entry and 

exit system that records the arrival and 

departure of aliens, verifies alien 

identities, and authenticates alien travel 

documents through the comparison of 

biometric identifiers (8 U.S.C. 1365(b)). 

Certain aliens may be required to 

provide biometrics (including digital 

fingerprint scans, palm prints, 

photographs, facial and iris images, or 

other biometric identifiers) upon arrival 

in or departure from the United States. 

The biometric data is stored in the 

Automated Biometric Identification 

System (IDENT) information technology 

platform. IDENT stores and processes 

biometric data (e.g., digital fingerprints, 

palm prints, photographs, and iris 

scans) and links biometrics with 

biographic information to establish and 

verify identities. The IDENT 

information technology platform serves 

as the biometric repository for the 

Department, and also stores related 

biographic information. 

Previously DHS established the 

United States Visitor and Immigrant 

Status Indicator Technology (US–VISIT) 

Program to manage an automated entry 

and exit system. On March 16, 2013, 

US–VISIT’s entry and exit operations 

(including deployment of a biometric 

exit system) were transferred to CBP 

through the Consolidated and Further 

Continuing Appropriations Act of 2013 

(Pub. L. 113–6, H.R. 933). The Act also 

transferred US–VISIT’s overstay 

analysis function to U.S. Immigration 

and Customs Enforcement (ICE) and 

US–VISIT’s biometric identity 

management services to the Office of 

Biometric Management (OBIM), which 

is a newly-created office within the 

National Protection and Programs 

Directorate (NPPD). CBP assumed 

biometric entry and exit operations on 

April 1, 2013. 

CBP continues to develop 

mechanisms to collect biometric 

information from departing aliens since 

assuming responsibility for US–VISIT’s 

entry and exit operations. During these 

operations, CBP officers may employ 

technology (e.g. wireless handheld 

devices or standalone kiosk) to collect 

biographic and biometric information 

from certain aliens determined to be inscope pursuant to 8 CFR 215.8 

‘‘Requirements for biometric identifiers 

from aliens on departure from the 

United States’’ prior to exiting the 

United States. Biometrics are checked 

against the IDENT system’s watchlist of 

known or suspected terrorists (KST), 

criminals, and immigration violators to 

help determine if a person is using an 

alias or attempting to use fraudulent 

identification. Biographic and biometric 

data is encrypted when it is collected 

and the data is transmitted in an 

encrypted format to the IDENT system. 

The data is automatically deleted from 

the mobile device after the transmission 

is complete. The handheld mobile 

devices incorporate strict physical and 

procedural controls, such as Federal 

Information Processing Standard (FIPS)- 

compliant data encryption; residual 

information removal; and required 

authorization for users to sign-in using 

approved user account names and 

passwords. 

Collection of additional biometric 

information from individuals crossing 

the border (such as information 

regarding scars, marks, tattoos, and 

palm prints) aids biometric sharing 

between the Department of Justice (DOJ) 

Integrated Automated Fingerprint 

Identification System (IAFIS)/Next 

Generation Identification (NGI) and the 

IDENT system. The end result is 

enhanced access to (and in some cases 

acquisition of) IAFIS/NGI information 

by the IDENT system and its users. DHS, 

DOJ/FBI, and the Department of State 

(DOS)/Bureau of Consular Services 

entered into a Memorandum of 

Understanding (MOU) for Improved 

Information Sharing Services in 2008. 

The MOUs established the framework 

for sharing information in accordance 

with an agreed-upon technical solution 

for expanded IDENT/IAFIS/NGI 

interoperability, which provides access 

to additional data for a greater number 

of authorized users. 

CBP collects border crossing 

information stored in this system of 

records through a number of sources, for 

example: (1) Travel documents (e.g., a 

foreign passport) presented by an 

individual at a CBP port of entry when 

he or she provided no advance notice of 

the border crossing to CBP; (2) carriers 

that submit information in advance of 

travel through the Advance Passenger 

Information System (APIS); (3) 

information stored in the Global 

Enrollment System (GES) (see DHS/

CBP–002 Global Enrollment System 

(GES) SORN, 78 FR 3441, (January 16, 

2013)) as part of a trusted or registered 

traveler program; (4) non-federal 

governmental authorities that issued 

valid travel documents approved by the 

Secretary of DHS (e.g., an Enhanced 

Driver’s License (EDL)); (5) another 

federal agency that issued a valid travel 

document (e.g., data from a DOS visa, 

passport including passport card, or 

Border Crossing Card); or (6) the Canada 

Border Services Agency (CBSA) 

pursuant to the Beyond the Border 

Entry/Exit Program. When a traveler 

enters, is admitted to, paroled into, or 

departs from the United States, his or 

her biographical information, 

photograph (when available), and 

crossing details (time and location) is 

maintained in accordance with the 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Notices 26939 

DHS/CBP–007 Border Crossing 

Information SORN. 

DHS/CBP is updating the categories of 

records to provide notice that CBP is 

collecting biometrics such as digital 

fingerprints, photographs, and iris scans 

from certain non-U.S. citizens at the 

time of the border crossing or in support 

of their use of Global Entry or another 

trusted traveler program. In addition, 

CBP is updating the categories of 

records in the SORN to provide notice 

that CBP plans to collect information 

regarding scars, marks, tattoos, and 

palm prints from individuals at the 

border to aid biometric interoperability 

between the IAFIS/NGI and the IDENT 

system. Finally, CBP is updating the 

categories of records associated with 

APIS transmissions to better reflect the 

information collected and maintained in 

the DHS/CBP–007 BCI SORN. 

Consistent with DHS’s information 

sharing mission, information stored in 

the DHS/CBP–007 BCI SORN may be 

shared with other DHS components that 

have a need to know the information to 

carry out their national security, law 

enforcement, immigration, intelligence, 

or other homeland security functions. 

The exemptions for the existing 

system of records notice published May 

28, 2013 (78 FR 31958) continue to 

apply for this updated system of records 

for those categories of records listed in 

the previous System of Records Notice. 

However, several new categories of 

records may contain law enforcement 

sensitive information. Due to the nature 

of this information, CBP will issue an 

updated notice and final rule for 

proposed exemptions for these new 

categories of records pursuant to 5 

U.S.C. 552a(j)(2) and 5 U.S.C. 552 

a(k)(2). Furthermore, to the extent 

certain categories of records are ingested 

from other systems, the exemptions 

applicable to the source systems will 

remain in effect. 

II. Privacy Act 

The Privacy Act embodies fair 

information practice principles in a 

statutory framework governing the 

means by which the Federal 

Government collects, maintains, uses, 

and disseminates individuals’ records. 

The Privacy Act applies to information 

that is maintained in a ‘‘system of 

records.’’ A ‘‘system of records’’ is a 

group of any records under the control 

of an agency from which information is 

retrieved by the name of an individual 

or by some identifying number, symbol, 

or other identifying particular assigned 

to the individual. In the Privacy Act, an 

individual is defined to encompass U.S. 

citizens and lawful permanent 

residents. As a matter of policy, DHS 

extends administrative Privacy Act 

protections to all individuals when 

systems of records maintain information 

on U.S. citizens, lawful permanent 

residents, and visitors. 

Below is the description of the DHS/ 

CBP–007 Border Crossing Information 

(BCI) System of Records. 

In accordance with 5 U.S.C. 552a(r), 

DHS has provided a report of this 

system of records to the Office of 

Management and Budget and to 

Congress. 

System of Records 

Department of Homeland Security 

(DHS)/U.S. Customs and Border 

Protection (CBP)–007. 

SYSTEM NAME: 

DHS/CBP–007 Border Crossing 

Information (BCI). 

SECURITY CLASSIFICATION: 

Unclassified, Sensitive, For Official 

Use Only (FOUO), and Law 

Enforcement-Sensitive (LES). 

SYSTEM LOCATION: 

CBP maintains records at CBP 

Headquarters in Washington, DC and at 

field offices. This computer database is 

located at CBP National Data Center 

(NDC) in Washington, DC. Computer 

terminals are located at customhouses, 

border ports of entry, airport inspection 

facilities under the jurisdiction of DHS, 

and other locations at which DHS 

authorized personnel may be posted to 

facilitate DHS’s mission. Terminals may 

also be located at appropriate facilities 

for other participating government 

agencies. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Individuals with records stored in BCI 

includes U.S. citizens, lawful 

permanent residents (LPR), and 

immigrant and non-immigrant aliens 

who lawfully cross the U.S. border by 

air, land, or sea, regardless of method of 

transportation or conveyance. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

CBP collects and stores the following 

records in the BCI system as border 

crossing information: 

• Full name (last, first, and, if 

available, middle); 

• Date of birth; 

• Gender; 

• Travel document type and number 

(e.g., passport information, permanent 

resident card, Trusted Traveler Program 

card); 

• Issuing country or entity and 

expiration date; 

• Photograph (when available); 

• Country of citizenship; 

• Tattoos; 

• Scars; 

• Marks; 

• Palm prints; 

• Digital fingerprints; 

• Photographs; 

• Digital iris scans; 

• Radio Frequency Identification 

(RFID) tag number(s) (if land or sea 

border crossing); 

• Date and time of crossing; 

• Lane for clearance processing; 

• Location of crossing; 

• Secondary Examination Status; and 

• For land border crossings only, 

License Plate number or Vehicle 

Identification Number (VIN) (if no plate 

exists). 

CBP maintains in BCI information 

derived from an associated APIS 

transmission (when applicable), 

including: 

• Full name (last, first, and, if 

available, middle); 

• Date of birth; 

• Gender; 

• Country of citizenship; 

• Passport/alien registration number 

and country of issuance; 

• Passport expiration date; 

• Country of residence; 

• Status on board the aircraft; 

• Travel document type; 

• United States destination address 

(for all private aircraft passengers and 

crew, and commercial air, rail, bus, and 

vessel passengers except for U.S. 

Citizens, LPRs, crew, and those in 

transit); 

• Place of birth and address of 

permanent residence (commercial flight 

crew only); 

• Pilot certificate number and country 

of issuance (flight crew only, if 

applicable); 

• Passenger Name Record (PNR) 

locator number; 

• Primary inspection lane; 

• ID inspector; 

• Records containing the results of 

comparisons of individuals to 

information maintained in CBP’s law 

enforcement databases as well as 

information from the Terrorist 

Screening Database (TSDB); 

• Information on individuals with 

outstanding wants or warrants; and 

• Information from other government 

agencies regarding high risk parties. 

CBP collects records under the Entry/ 

Exit Program with Canada, such as 

border crossing data from the CBSA, 

including: 

• Full name (last, first, and if 

available, middle); 

• Date of Birth; 

• Nationality (citizenship); 

• Gender; 

• Document Type; 


tkelley on DSK3SPTVN1PROD with NOTICES
26940 Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Notices 

• Document Number; 

• Document Country of Issuance; 

• Port of entry location (Port code); 

• Date of entry; and 

• Time of entry. 

In addition, air and sea carriers or 

operators covered by the APIS rules and 

rail and bus carriers (to the extent 

voluntarily applicable) also transmit or 

provide the following information to 

CBP for retention in BCI: 

• Airline carrier code; 

• Flight number; 

• Vessel name; 

• Vessel country of registry/flag; 

• International Maritime Organization 

number or other official number of the 

vessel; 

• Voyage number; 

• Date of arrival/departure; 

• Foreign airport/port where the 

passengers and crew members began 

their air/sea transportation to the United 

States; 

• For passengers and crew members 

destined for the United States: 

Æ The location where the passengers 

and crew members will undergo 

customs and immigration clearance by 

CBP. 

• For passengers and crew members 

who are transiting through (and crew on 

flights over flying) the United States and 

not clearing CBP: 

Æ The foreign airport/port of ultimate 

destination; and 

Æ Status on board (whether an 

individual is crew or non-crew). 

• For passengers and crew departing 

the United States: 

Æ Final foreign airport/port of arrival. 

Other information also stored in this 

system of records includes: 

• Aircraft registration number 

provided by pilots of private aircraft; 

• Type of aircraft; 

• Call sign (if available); 

• CBP issued decal number (if 

available); 

• Place of last departure (e.g., ICAO 

airport code, when available); 

• Date and time of aircraft arrival; 

• Estimated time and location of 

crossing U.S. border or coastline; 

• Name of intended airport of first 

landing, if applicable; 

• Owner or lessee name (first, last, 

and middle, if available, or business 

entity name); 

• Owner or lessee contact information 

(address, city, state, zip code, country, 

telephone number, fax number, and 

email address, pilot, or private aircraft 

pilot name); 

• Pilot information (license number, 

street address (number and street, city 

state, zip code, country, telephone 

number, fax number, and email 

address)); 

• Pilot license country of issuance; 

• Operator name (for individuals: 

last, first, and middle, if available; or 

name of business entity, if available); 

• Operator street address (number 

and street, city, state, zip code, country, 

telephone number, fax number, and 

email address); 

• Aircraft color(s); 

• Complete itinerary (foreign airport 

landings within 24 hours prior to 

landing in the United States); 

• 24-hour emergency point of contact 

information (e.g., broker, dispatcher, 

repair shop, or other third party who is 

knowledgeable about this particular 

flight) 

Æ Full name (last, first, and middle (if 

available)) and telephone number; 

• Incident to the transmission of 

required information via eAPIS (for 

general aviation itineraries, pilot, and 

passenger manifests), records will also 

incorporate the pilot’s email address. 

To the extent private aircraft operators 

and carriers operating in the land border 

environment may transmit APIS, similar 

information may also be recorded in BCI 

by CBP with regard to such travel. CBP 

also collects the license plate number of 

the conveyance (or VIN number when 

no plate exists) in the land border 

environment for both arrival and 

departure (when departure information 

is available). 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Authority for BCI is provided by the 

Enhanced Border Security and Visa 

Entry Reform Act of 2002 (Pub. L. 107– 

173, 116 Stat. 543 (2002)); the Aviation 

and Transportation Security Act of 2001 

(Pub. L. 107–71, 115 Stat. 597); the 

Intelligence Reform and Terrorism 

Prevention Act of 2004 (Pub. L. 108– 

458, 118 Stat. 3638 (2004)); the 

Immigration and Nationality Act, as 

amended (8 U.S.C. 1185 and 1354); and 

the Tariff Act of 1930, as amended (19 

U.S.C. 1322–1683g, including 19 U.S.C. 

66, 1433, 1454, 1485, 1624 and 2071). 

PURPOSE(S): 

CBP collects and maintains this 

information to vet and inspect persons 

arriving in or departing from the United 

States; to determine identity, 

citizenship, and admissibility; and to 

identify persons who: (1) May be (or are 

suspected of being) a terrorist or having 

affiliations to terrorist organizations; (2) 

have active warrants for criminal 

activity; (3) are currently inadmissible 

or have been previously removed from 

the United States; or (4) have been 

otherwise identified as potential 

security risks or raise a law enforcement 

concern. For immigrant and nonimmigrant aliens, the information is also 

collected and maintained to ensure 

information related to a particular 

border crossing is available for 

providing any applicable benefits 

related to immigration or other 

enforcement purposes. Lastly, CBP 

maintains information in BCI to retain a 

historical record of persons crossing the 

border to facilitate law enforcement, 

counterterrorism, and benefits 

processing. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

In addition to those disclosures 

generally permitted under 5 U.S.C. 

552a(b) of the Privacy Act, all or a 

portion of the records or information 

contained in this system may be 

disclosed outside DHS as a routine use 

pursuant to 5 U.S.C. 552a(b)(3) as 

follows: 

A. To the Department of Justice (DOJ), 

including Offices of the United States 

Attorneys, or other federal agency 

conducting litigation or in proceedings 

before any court, adjudicative, or 

administrative body, when it is relevant 

or necessary to the litigation and one of 

the following is a party to the litigation 

or has an interest in such litigation: 

1. DHS or any Component thereof; 

2. Any employee or former employee 

of DHS in his/her official capacity; 

3. Any employee or former employee 

of DHS in his/her individual capacity 

when DOJ or DHS has agreed to 

represent the employee; or 

4. The United States or any agency 

thereof. 

B. To a congressional office from the 

record of an individual in response to 

an inquiry from that congressional office 

made at the request of the individual to 

whom the record pertains. 

C. To the National Archives and 

Records Administration (NARA) or 

General Services Administration 

pursuant to records management 

inspections being conducted under the 

authority of 44 U.S.C. 2904 and 2906. 

D. To an agency or organization for 

the purpose of performing audit or 

oversight operations as authorized by 

law, but only such information as is 

necessary and relevant to such audit or 

oversight function. 

E. To appropriate agencies, entities, 

and persons when: 

1. DHS suspects or has confirmed that 

the security or confidentiality of 

information in the system of records has 

been compromised; 

2. DHS has determined that as a result 

of the suspected or confirmed 

compromise, there is a risk of identity 

theft or fraud, harm to economic or 

property interests, harm to an 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Notices 26941 

individual, or harm to the security or 

integrity of this system or other systems 

or programs (whether maintained by 

DHS or another agency or entity) that 

rely upon the compromised 

information; and 

3. The disclosure made to such 

agencies, entities, and persons is 

reasonably necessary to assist in 

connection with DHS’s efforts to 

respond to the suspected or confirmed 

compromise and prevent, minimize, or 

remedy such harm. 

F. To contractors and their agents, 

grantees, experts, consultants, and 

others performing or working on a 

contract, service, grant, cooperative 

agreement, or other assignment for DHS, 

when necessary to accomplish an 

agency function related to this system of 

records. Individuals provided 

information under this routine use are 

subject to the same Privacy Act 

requirements and limitations on 

disclosure as are applicable to DHS 

officers and employees. 

G. To an appropriate federal, state, 

tribal, local, international, or foreign law 

enforcement agency or other appropriate 

authority charged with investigating or 

prosecuting a violation or enforcing or 

implementing a law, rule, regulation, or 

order, when a record, either on its face 

or in conjunction with other 

information, indicates a violation or 

potential violation of law, which 

includes criminal, civil, or regulatory 

violations and such disclosure is proper 

and consistent with the official duties of 

the person making the disclosure. 

H. To appropriate federal, state, tribal, 

local, or foreign governmental agencies 

or multilateral governmental 

organizations responsible for 

investigating or prosecuting the 

violations of, or for enforcing or 

implementing, a statute, rule, 

regulation, order, or license, when DHS 

believes the information would assist 

enforcement of applicable civil or 

criminal laws. 

I. To the CBSA for law enforcement 

and immigration purposes, as well as to 

facilitate cross-border travel when an 

individual enters the United States from 

Canada. 

J. To appropriate federal, state, local, 

tribal, or foreign governmental agencies 

or multilateral governmental 

organizations when DHS reasonably 

believes there to be a threat (or potential 

threat) to national or international 

security for which the information may 

be relevant in countering the threat (or 

potential threat). 

K. To a federal, state, tribal, or local 

agency, other appropriate entity or 

individual, or foreign governments, in 

order to provide relevant information 

related to intelligence, 

counterintelligence, or antiterrorism 

activities authorized by U.S. law, 

Executive Order, or other applicable 

national security directive. 

L. To an organization or individual in 

either the public or private sector 

(foreign or domestic) when there is a 

reason to believe that the recipient is (or 

could become) the target of a particular 

terrorist activity or conspiracy, or when 

the information is relevant and 

necessary to the protection of life or 

property. 

M. To appropriate federal, state, local, 

tribal, or foreign governmental agencies 

or multilateral governmental 

organizations for the purposes of 

protecting the vital interests of the data 

subject or other persons, including to 

assist such agencies or organizations in 

preventing exposure to or transmission 

of a communicable or quarantinable 

disease, to combat other significant 

public health threats, or to provide 

appropriate notice of any identified 

health threat or risk. 

N. To a court, magistrate, or 

administrative tribunal in the course of 

presenting evidence, including 

disclosures to opposing counsel or 

witnesses in the course of civil 

discovery, litigation, or settlement 

negotiations, or in response to a 

subpoena, or in connection with 

criminal law proceedings. 

O. To third parties during the course 

of a law enforcement investigation to 

the extent necessary to obtain 

information pertinent to the 

investigation. 

P. To appropriate federal, state, local, 

tribal, or foreign governmental agencies 

or multilateral governmental 

organizations when DHS is aware of a 

need to use relevant data for purposes 

of testing new technology. 

Q. To the news media and the public, 

with the approval of the Chief Privacy 

Officer in consultation with counsel, 

when there exists a legitimate public 

interest in the disclosure of the 

information or when disclosure is 

necessary to preserve confidence in the 

integrity of DHS or is necessary to 

demonstrate the accountability of DHS’s 

officers, employees, or individuals 

covered by the system, except to the 

extent it is determined that release of 

the specific information in the context 

of a particular case would constitute an 

unwarranted invasion of personal 

privacy. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

None. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

CBP stores records in this system 

electronically in the operational system 

or on paper in secure facilities in a 

locked drawer behind a locked door. 

The records may be stored on magnetic 

disc, tape, digital media and CD–ROM. 

RETRIEVABILITY: 

CBP retrieves records by name or 

other personal identifiers listed in the 

categories of records, above. 

SAFEGUARDS: 

DHS/CBP safeguards records in this 

system in accordance with applicable 

rules and policies, including all 

applicable DHS automated systems 

security and access policies. Strict 

controls are imposed to minimize the 

risk of compromising the information 

that is being stored. CBP limits access to 

BCI to those individuals who have a 

need to know the information for the 

performance of their official duties and 

who also have appropriate clearances or 

permissions. 

RETENTION AND DISPOSAL: 

CBP is working with NARA to 

develop the appropriate retention 

schedule based on the information 

below. For persons CBP determines to 

be U.S. citizens and LPRs, information 

in BCI that is related to a particular 

border crossing is maintained for 15 

years from the date when the traveler 

entered, was admitted to or paroled 

into, or departed the United States, at 

which time it is deleted from BCI. For 

non-immigrant aliens, the information 

will be maintained for 75 years from the 

date of admission or parole into or 

departure from the United States in 

order to ensure that the information 

related to a particular border crossing is 

available for providing any applicable 

benefits related to immigration or for 

other law enforcement purposes. 

Information related to border 

crossings prior to a change in status will 

follow the 75 year retention period for 

non-immigrant aliens who become U.S. 

citizens or LPRs following a border 

crossing that leads to the creation of a 

record in BCI. All information regarding 

border crossing by such persons 

following their change in status will 

follow the 15 year retention period 

applicable to U.S. citizens and LPRs. 

For all travelers, however, BCI records 

linked to active law enforcement 

lookout records, DHS/CBP matches to 

enforcement activities, or investigations 

or cases remain accessible for the life of 

the primary records of the law 


tkelley on DSK3SPTVN1PROD with NOTICES
26942 Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Notices 

enforcement activities to which the BCI 

records may relate, to the extent 

retention for such purposes exceeds the 

normal retention period for such data in 

BCI. 

SYSTEM MANAGER AND ADDRESS: 

Director, Office of Automated 

Systems, U.S. Customs and Border 

Protection Headquarters, 1300 

Pennsylvania Avenue NW., Washington, 

DC 20229. 

NOTIFICATION PROCEDURE: 

DHS allows persons (including 

foreign nationals) to seek administrative 

access under the Privacy Act to 

information maintained in BCI. 

However, the Secretary of DHS 

exempted portions of this system from 

the notification, access, and amendment 

procedures of the Privacy Act because it 

is a law enforcement system. 

Nonetheless, DHS/CBP will consider 

individual requests to determine 

whether or not information may be 

released. Thus, individuals seeking 

notification of and access to any record 

contained in this system of records, or 

seeking to contest its content, may 

submit a request in writing to the DHS 

Chief Freedom of Information Act 

(FOIA) Officer or CBP FOIA Officer, 

whose contact information can be found 

at http://www.dhs.gov/foia under 

‘‘Contacts.’’ If an individual believes 

more than one Component maintains 

Privacy Act records that concern him or 

her, the individual may submit the 

request to the Chief Privacy Officer and 

Chief FOIA Officer, Department of 

Homeland Security, 245 Murray Lane 

SW., Building 410, STOP–0655, 

Washington, DC 20528. 

When seeking records about yourself 

from this system of records or any other 

Departmental system of records, your 

request must conform with the Privacy 

Act regulations set forth in 6 CFR part 

5. You must first verify your identity, 

meaning that you must provide your full 

name, current address, and date and 

place of birth. You must sign your 

request and your signature must either 

be notarized or submitted under 28 

U.S.C. 1746, a law that permits 

statements to be made under penalty of 

perjury as a substitute for notarization. 

Although no specific form is required, 

you may obtain forms for this purpose 

from the Chief Privacy Officer and Chief 

Freedom of Information Act Officer, 

http://www.dhs.gov/foia or 1–866–431– 

0486. In addition, you should: 

• Explain why you believe the 

Department would have information on 

you; 

• Identify which Component(s) of the 

Department you believe may have the 

information about you; 

• Specify when you believe the 

records would have been created; and 

• Provide any other information that 

will help the FOIA staff determine 

which DHS Component agency may 

have responsive records 

If your request is seeking records 

pertaining to another living individual, 

you must include a statement from that 

individual certifying his/her agreement 

for you to access his/her records. 

Without the above information, CBP 

may not be able to conduct an effective 

search, and your request may be denied 

due to lack of specificity or lack of 

compliance with applicable regulations. 

RECORD ACCESS PROCEDURES: 

See ‘‘Notification procedure’’ above. 

CONTESTING RECORD PROCEDURES: 

See ‘‘Notification procedure’’ above. 

RECORD SOURCE CATEGORIES: 

BCI receives information from 

individuals who arrive in, depart from, 

or transit through the United States. 

This system also collects information 

from carriers that operate vessels, 

vehicles, aircraft, or trains that enter or 

exit the United States, including private 

aircraft operators. Lastly, BCI receives 

border crossing information received 

from CBSA. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

No exemption shall be asserted with 

respect to information maintained in the 

system that is collected from a person at 

the time of crossing and submitted by 

that person’s air, sea, bus, or rail carriers 

if that person, or his or her agent, seeks 

access or amendment of such 

information. 

The Privacy Act, however, requires 

DHS to maintain an accounting of the 

disclosures made pursuant to all 

routines uses. Disclosing the fact that a 

law enforcement or intelligence agency 

has sought particular records may affect 

ongoing law enforcement activities. The 

Secretary of Homeland Security, 

pursuant to 5 U.S.C. 552a(j)(2), 

exempted this system from the 

following provisions of the Privacy Act: 

Sections (c)(3), (e)(8), and (g) of the 

Privacy Act of 1974, as amended, as is 

necessary and appropriate to protect 

this information. Further, DHS has 

exempted section (c)(3) of the Privacy 

Act of 1974, as amended, pursuant to 5 

U.S.C. 552a(k)(2) as is necessary and 

appropriate to protect this information. 

Additionally, this system contains 

records or information recompiled from 

or created from information contained 

in other systems of records that are 

exempt from certain provision of the 

Privacy Act. This system also contains 

accountings of disclosures made with 

respect to information maintained in the 

system. For these records or information 

only, in accordance with 5 U.S.C. 

552a(j)(2) and (k)(2), DHS will also 

claim the original exemptions for these 

records or information from subsections 

(c)(3) and (4); (d)(1), (2), (3), and (4); 

(e)(1), (2), (3), (4)(G) through (I), (5), and 

(8); (f); and (g) of the Privacy Act of 

1974, as amended, as necessary and 

appropriate to protect such information. 

Dated: May 1, 2015. 

Karen L. Neuman, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2015–11288 Filed 5–8–15; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–5696–N–14] 

Guidance and Instructions for 

Extension Requests of 24-Month 

Expenditure Deadline for Community 

Development Block Grant Disaster 

Recovery (CDBG–DR) Grantees 

AGENCY: Office of the Assistant 

Secretary for Community Planning and 

Development, HUD. 

ACTION: Notice. 

SUMMARY: This Notice advises 

Community Development Block Grant 

disaster recovery (CDBG–DR) grantees 

with grants pursuant to the Disaster 

Relief Appropriations Act, 2013 (the 

Appropriations Act) of the process and 

requirements associated with grantee 

requests for an extension of the 24- 

month expenditure deadline for specific 

portions of funds obligated under the 

Appropriations Act. 

DATES: Effective Date: May 18, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Stanley Gimont, Director, Office of 

Block Grant Assistance, Department of 

Housing and Urban Development, 451 

7th Street SW., Room 7286, Washington, 

DC 20410, telephone number 202–708– 

3587. Persons with hearing or speech 

impairments may access this number 

via TTY by calling the Federal Relay 

Service at 800–877–8339. Facsimile 

inquiries may be sent to Mr. Gimont at 

202–401–2044. (Except for the ‘‘800’’ 

number, these telephone numbers are 

not toll-free.) Email inquiries may be 

sent to disaster_recovery@hud.gov. 

SUPPLEMENTARY INFORMATION: 


tkelley on DSK3SPTVN1PROD with NOTICES